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APPLICATION ACCEPTED: September 17, 2014 PLANNING COMMISSION: February 12, 2015 BOARD OF SUPERVISORS: TBD Count y of Fa irfax, Vir gin ia January 28, 2015 STAFF REPORT APPLICATION RZ/FDP 2014-BR-019 BRADDOCK DISTRICT APPLICANT: Christopher at Kenilworth, LLC PRESENT ZONING: R-1 (Residential 1 dwelling units per acre (du/ac)) REQUESTED ZONING: PDH-3 (Planned Development 3 du/ac) PARCEL(S): 69-1 ((1)) 29 ACREAGE: 3.59 acres OPEN SPACE: 30% PLAN RECOMMENDATION: Residential at 2 to 3 du/ac PROPOSAL: The applicant seeks to rezone 3.59 acres from R-1 to PDH-3 to permit the development of 9 single family detached dwelling units at an overall density of 2.5 du/ac. STAFF RECOMMENDATIONS: Staff recommends approval of RZ 2014-BR-019, subject to proffers consistent with those found in Appendix 1 of this report. Staff recommends approval of FDP 2013-BR-003. Staff recommends that the Board of Supervisors direct the Director of DPWES to permit a deviation from the tree preservation target percentage in favor of the proposed landscaping shown on the CDP/FDP and as proffered. William O’Donnell Excellence * Innovation * Stewardship Integrity * Teamwork * Public Service Department of Planning and Zoning Zoning Evaluation Division 12055 Government Center Parkway, Suite 801 Fairfax, Virginia 22035-5509 Phone 703-324-1290 FAX 703-324-3924 www.fairfaxcounty.gov/dpz/ It should be noted that it is not the intent of staff to recommend that the Board, in adopting any conditions proffered by the owner, relieve the applicant/owner from compliance with the provisions of any applicable ordinances, regulations, or adopted standards It should be further noted that the content of this report reflects the analysis and recommendation of staff; it does not reflect the position of the Board of Supervisors. The approval of this rezoning does not interfere with, abrogate or annul any easement, covenants, or other agreements between parties, as they may apply to the property subject to this application. For information, contact the Zoning Evaluation Division, Department of Planning and Zoning, 12055 Government Center Parkway, Suite 801, Fairfax, Virginia 22035-5505, (703) 324-1290. N:\ZED\Rezonings\RZ 2014-BR-019 Kenilworth\Report\01 RZ 2014-BR-019 - Kenilworth - Staff Report Cover.doc Americans with Disabilities Act (ADA): Reasonable accommodation is available upon 48 hours advance notice. 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R 07 96 1 121 5 173 181 27 28 117 2 97 9 ( 172 3C-367 C. SE 177 178 40 47 2 170 169 5 17 198 .2 4 32 171 36 182 12 188 18 7 17 97 19 30 Dr. 31 52 41 29 96 16 7 51 2 97 30 C SE 36 18 50 42 1 . Ct 39 Rt. 183 29 31 187 190 189 14 164 Rt. 77 71 184 168 33 05 96 1 04 Ce 0 ra le 1 ne 96 2 44 40 39 7 37 96 2 13 49 43 3 97 E 167 15 r. 48 45 03 03 1 46 33A ( n eli Pip 35 02 by 38 1 97 33 166 D 47 46 SEC. 4 450 4 450 6 460 1 05 06 6 em Dr. 07 D 0 1 1 98 17 165 451 7 08 1 46 71 34A 25 186 15 04 09 12 14 32 R-1 97 20 67 68 NORTHERN VIRGINIA TRAINING CENTER 185 66 174 70 35A D 65 69 97 0 460 0 06 05 10 6 Rt. 5 67 11 175 60 450 8 122 R-2 135 61 18 08 09 01 176 97 0 451 6 7 Rt. 7 08 07 64 173 03 207 98 0 63 172 134 137 136 62 170 171 208 72 13 10 11 177 209 206 Dem by 971 2 971 3 178 451 2 980 2 12 205 9901 179 210 169 SOUTH SIDE OF BRADDOCK ROAD APPROXIMATELY 150 FEET WEST OF THE INTERSECTION WITH DEQUINCEY DRIVE 069-1- /01/ /0029 133 138 86 Rt. 7 0 168 3.59 AC OF LAND; DISTRICT - BRADDOCK C-350 460 0 46 02 211 13 204 04 98 03 14 203 5 SEC. 151 152 180 212 15 202 ck Ct. 16 Brad do 17 4522 201 9900 05 18 200 Braddock Rd SEC. 6 150 153 181 213 Dr. 16 11 19 ) CEM 10 199 FROM R- 1 TO PDH- 3 Pl. 214 972 0 198 12A Zoning: Overlay Dist: Map Ref Num: 460 4 Tiffin 21 197 09/17/2014 RESIDENTIAL 167 182 97 23 FAIRFAX MEMORIAL PARK 166 183 980 0 196 4512 9 12 980 1 90 6A 7 02 CEM 195 165 184 03 ) - 5A 93 04 4421 92 Rt. 051 05 194 Rd. 16 ( 4 193 ne Cera le NOR A3PLACE Accepted: Proposed: Area: Zoning Dist Sect: Located: ! BRADDOCK MA k CHRISTOPHER AT KENILWORTH, LLC ! RZ 2014-BR-019 Applicant: ! Rezoning Application A GLOSSARY OF TERMS FREQUENTLY USED IN STAFF REPORTS WILL BE FOUND AT THE BACK OF THIS REPORT DESCRIPTION OF THE APPLICATION Applicant: Christopher at Kenilworth, LLC Location: Tax Map 69-1 ((1)) 29 Request: Rezone 3.59 acres from R-1 to PDH-3 to permit the development of 9 single family detached dwelling units at an overall density of 2.5 du/ac. Waivers/Modifications: Deviation from the tree preservation target percentage. A reduced copy of the proposed Conceptual Development Plan and Final Development Plan (CDP/FDP) is included at the front of this report. The applicant’s proffers, Affidavit and the statement of justification are included as Appendices 1 through 3. LOCATION AND CHARACTER Site Description Graphic 1: Aerial Image Braddock Road Braddock Green Ct. Dequincey Drive N The subject property consists of one parcel located on the west side of Braddock Road, near its intersections with Dequincey Drive and Braddock Green Ct. The property is currently undeveloped, with access from a private driveway off RZ/FDP 2014-BR-019 Page 2 Braddock Road. Vegetation on this parcel consists of primarily tulip poplar, American beech, sycamore and various oak species ranging from poor to good condition. The property is also surrounded by residentially zoned parcels and on the northwest side by the Commonwealth of Virginia Training Center. The Briarwood Subdivision is located to the south. The table below summarizes the surrounding characteristics. Use Zoning Plan North Commonwealth of Virginia Training Center and State Police, Single Family Detached R-1 Residential, 2-3 du/ac East Single Family Detached, R-1 R-3 Residential, 2-3 du/ac West Single Family Detached Vacant R-1 Residential, 2-3 du/ac South Single Family Detached R-1 R-3 Residential, 2-3 du/ac BACKGROUND No previous rezoning applications were filed for this site, although RZ 2013-BR-003 permitted the construction of ten single family detached units on Tax Maps 69-1 ((1)) 39B, 39C, 40A and 40B at a density of 2.35 du/ac, which is located to the south and west of Tax Maps 69-1 ((1)) 31B and 31A and the subject property. This development included an extension of Banting Drive (from the Briarwood subdivision) with a potential inter-parcel connection to Tax Maps 69-1 ((1)) 31B and 31A. The current application proposes a similar residential development on Tax Map 69-1 ((1)) 29, which is to the east of Parcels 31A and 31B, and includes an inter-parcel connection to connect all seven of these parcels with a new public street in the future. COMPREHENSIVE PLAN PROVISIONS (Appendix 4) Plan Area/Planning District: Area III; Pohick Planning District Planning Sector: P2-Main Branch Community Planning Sector Plan Map: 2-3 dwelling units per acre (du/ac) Fairfax County Comprehensive Plan, 2011 Edition, Area III, Pohick Planning District, as amended through October 28, 2014, P-2 Main Branch Community Planning Sector, page 32: RZ/FDP 2014-BR-019 Page 3 “11. Infill development south of Braddock Road, north of Zion Drive, between Route 123 and Guinea Road, should be developed as single-family detached dwellings at a density of 2-3 dwelling units per acre….” ANALYSIS Conceptual Development Plan and Final Development Plan (CDP/FDP) (Copy at front of staff report) Title: Conceptual Development Plan and Final Development Plan Kenilworth Prepared By: CPJ Charles P. Johnson & Associates, Inc. Original and Revision Dates: September 5, 2014, as revised through January 5, 2014. The combined CDP/FDP consists of 12 sheets. The following features are depicted on the proposed CDP/FDP: Site Layout: The subject property consists of an undeveloped parcel accessed by a private vehicular driveway from Braddock Road The applicant seeks to rezone the property from R-1 to PDH-3 to permit nine single-family detached dwelling units, which would yield 2.5 dwelling units per acre (du/ac). Graphic 2 shows the general layout of the proposed redevelopment. Graphic 2: Proposed Site Layout N RZ/FDP 2014-BR-019 Page 4 As shown on the graphic, nine single-family detached dwelling units are proposed to be accessed by a new public street and two small private street extensions. Four units would access on the public street and five units would access the private street extensions. The applicant proposes to construct the public street from Braddock Road, extending west into the property and terminating in a branch-type turnaround (hammerhead) on the western portion of the site. An inter-parcel connection to west is proposed to be provided when Tax Maps 69-1 ((1)) 31A and 31B (Parcel 31A and 31B) redevelop. The existing private driveway, with a private access easement along the southern portion of the property, would remain in use by Parcels 31A and 31B until those parcels redevelop. The applicant has proffered to allow this driveway to be vacated if Parcels 31A and 31B redevelop in the future The applicant proposes to provide on-street guest parking on the public street within a 29-foot wide cross street section, and to construct the two private street extensions to meet public street standards. A second inter-parcel connection/access is proposed to connect to Tax Map 69-1 ((1)) 30, to the north, if needed in the future. Sheet 1 of the CDP/FDP shows a proposed typical lot layout showing 5-foot minimum side setbacks, 20-foot minimum rear setbacks, 20-foot minimum front setbacks, and 20-foot long driveways. The applicant has proffered to allow areas for decks, screened-in porches and windows within the rear yards of the dwelling units in accordance with Section 2-412 of the Zoning Ordinance. The average lot size would be approximately 7,500 square feet. Architectural elevations are included on Sheet 11 of the CDP/FDP and are shown in Graphic 3 below. Graphic 3 Proposed Architectural Elevations The proposed maximum height for the single-family detached dwelling units is 35 feet and the elevations in Graphic 3 show 2½ story units. The applicant has proffered to design these dwellings in substantial conformance with the bulk, mass, type and quality of materials as shown on the elevations included in the CDP/FDP. Additional commitments for building materials provide for a primary material of brick, stone, or cementitious siding supplemented with trim and detail features. RZ/FDP 2014-BR-019 Page 5 Vehicular Access: As previously discussed, access is proposed to be provided into the site through a new public street from Braddock Road. The applicant proposes to construct the public street as a 29-foot wide street, which would enter the site from the east and terminate in a branch-type turnaround (hammerhead) on the western portion of the site. This street would also serve as future access for adjacent properties to the west (Parcels 31A and B). Two inter-parcel access points are provided; one to the west and one to the northeast. In addition, approximately 5,531 square feet of right of way along Braddock Road are proposed to be dedicated for future Braddock Road improvements and approximately 1,897 square feet of additional right of way along the proposed public street would be reserved for future Braddock Road access improvements. Parking: The Zoning Ordinance requires three spaces for single-family detached dwelling units along a private street (2 units require 6 spaces) and two spaces for units on a public street (7 units require 14 parking spaces), which totals 20 required spaces. The applicant is proposing to provide 27 parking spaces (one to two spaces per garage, and two parking spaces in the driveway) with room for additional guest parking along the private street. Proffers include commitments to construct driveways with a minimum of 20 feet in length from the garage door to the sidewalk (to permit the parking of two vehicles without overhanging onto the sidewalk) and to build garages that will accommodate one to two vehicles. In addition, any conversion of the garages or use of the garages that precludes the parking of vehicles within the garages would be prohibited as indicated in the proffers. Pedestrian Access: Five foot wide concrete sidewalks are shown on both sides of the proposed public street, and an existing 8 foot wide multipurpose trail along Braddock Road would provide pedestrian access. A potential pavilion with entrance landscaping along Braddock Road at the southeast corner of the site is also provided for pedestrian shelter for future bus stops. The applicant has proffered to provide public access easements for all trails and sidewalks shown on the CDP/FDP. Tree Save and Landscaping: The subject property is undeveloped with good quality tree cover. The applicant proposes to retain approximately 30 percent of the property as open space. This open space would primarily be located within the northwest, southwest and southeast corners of the site. Sheets 6, 7 and 8 of the CDP/FDP provide the proposed planting schedule and tree canopy calculations associated with the new landscaping plan, yielding approximately 51,075 square feet of tree canopy, with approximately 75 percent of that tree canopy provided through tree preservation. Proffers to protect and preserve the trees in these open space areas through walk-throughs, monitoring, and tree appraisals are provided. Stormwater Management: There are currently no stormwater controls on the site. According to the Stormwater Management and Quality narratives on Sheet 9 of the CDP/FDP, the applicant proposes two infiltration trenches that would be RZ/FDP 2014-BR-019 Page 6 designed to meet the new Virginia State requirements. These facilities would be designed to exceed quality and quantity requirements of the County Public Facility Manual (PFM). Design details for the proposed facilities are included on Sheets 9 through 11 of the CDP/FDP. Best Management Practices (BMP) would be provided by the facilities and the proposed preservation areas. The SWM narrative further indicates that the proposed facilities would be sized to detain and treat approximately 2.55 acres of offsite stormwater from the adjacent parcels to the south. The applicant has also proffered to provide SWM facilities as shown on the CDP/FDP. Residential Development Criteria (Appendix 5) Fairfax County expects new residential development to enhance the community by fitting into the fabric of the neighborhood, respecting the environment, addressing transportation impacts, addressing impacts on public facilities, being responsive to our historic heritage, contributing to the provision of affordable housing, and being responsive to the unique, site specific considerations of the property. For the complete Residential Development Criteria text, see Appendix 5. Planned Zoning Districts are also reviewed in accordance with the General and Design Standards of Sections 16-101 and 16-102 of the Zoning Ordinance. Those standards are also summarized as part of the review below and provided in its entirety in Appendix 6. The PDH District was established to encourage innovative and creative design, to ensure ample provision and efficient use of open space; to promote balanced development of mixed housing types and to encourage the provision of affordable dwelling units. Staff has combined the review of the Residential Development Criteria with the review of the Planned District General and Design Standards, along with the staff analysis reflected in the agency memos found in the appendices of this report. The following review uses the Residential Development Criteria as the format for the analysis (references to the standards and guidelines are in italics). Residential Development Criteria 1 and 2: Site Design and Neighborhood Context (see Planned District General and Design Standards 1, 2 and 4 in Appendix 6) The Site Design Development Criterion #1 requires that the development proposal address consolidation goals in the plan, further the integration of adjacent parcels, and not preclude adjacent parcels from developing in accordance with the Plan. In addition, the proposed development should provide useable, accessible and well-integrated open space, appropriate landscaping and other amenities. The Neighborhood Context Development Criterion requires the development proposal to fit into the fabric of the community. The subject property consists of one undeveloped parcel, which is accessed by a shared private driveway from Braddock Road. The unconsolidated residential properties (Parcels 31A and 31B) are located to the west, which are zoned R-1 and also planned for residential development at 2-3 du/ac. The Comprehensive Plan RZ/FDP 2014-BR-019 Page 7 recommends residential use at 2 to 3 dwelling units per acre (du/ac) for the subject property. The applicant is pursuing the Plan recommendation to rezone the property to the PDH-3 District and develop nine single-family detached dwellings at a density of 2.5 density per acre (du/ac). The applicant proposes a new public street that would extend west into the site and allow for future connections to west and the north. The proposed lots would front both sides of the public street with no proposed irregularly shaped lots. While the proposed average lot size of 7,500 square feet is slightly smaller than the surrounding adjacent lots in the Briarwood subdivision, staff finds that the proposal would result in a logical extension of the existing Briarwood neighborhood from the extension of Banting Drive into the subject property if and when Parcels 31A and 31B redevelop in the future. The subject property includes approximately 30 percent open space, which would primarily be located within the northwest, southwest and southeast corners of the site. Sheets 6, 7 and 8 of the CDP/FDP provide the proposed planting schedule and tree canopy calculations associated with the new landscaping plan, yielding approximately 51,075 square feet of tree canopy, with approximately 75 percent of that tree canopy provided through tree preservation. With these commitments, staff finds that the proposal would meet this criterion. Development should also provide for a logical design with appropriate relationships within the neighborhood, including appropriately oriented units and useable yards. Access should be provided to transit facilities where available, and utilities should be identified to the extent possible. Nine single-family detached dwelling units are proposed to be oriented along a new public street and along two small private street extensions. Four units would access on the public street and five units on the private street extensions. Sheet 1 of the CDP/FDP shows a proposed typical lot layout showing 5-foot minimum side setbacks, 20-foot minimum rear setbacks, 20-foot minimum front setbacks, and 20-foot long driveways. The applicant has proffered to allow areas for decks, screened-in porches and windows within the rear yards of the dwelling units in accordance with Section 2-412 of the Zoning Ordinance. The average lot size would also be approximately 7,500 square feet, which is comparable to the single family detached lot sizes to the south and east. In addition, 5-foot wide sidewalks are proposed along both sides of the public street, which could be extended to the west with future redevelopment and Proffer 13 would allow future redevelopment to join the new homeowners association. With these commitments, staff finds that the proposal would meet this criterion. Open space should be useable, accessible, and integrated with the development. Appropriate landscaping should be provided. The applicant has provided 30 percent of the site as open space, which would primarily be located within the northwest, southwest and southeast corners of the site. Sheets 6, 7 and 8 of the CDP/FDP provide the proposed planting schedule and tree canopy calculations associated with the new landscaping plan, yielding approximately 51,075 square feet of tree canopy, with approximately 75 percent of that tree canopy provided through tree preservation. The applicant has proffered to protect and preserve these trees through walk-throughs, monitoring, retaining walls and tree appraisals, which adhere to County Policies. In addition, a small RZ/FDP 2014-BR-019 Page 8 community pavilion option is shown on the southeast corner of the site, which would be accessed from internal/external sidewalks and provide shelter for future bus stops. Development should fit into the fabric of the community as evidenced in the architectural elevations and materials. Existing residential properties and one to two story single-family detached dwelling units are located to the north, west and south of the subject property. Sheet 1 of the CDP/FDP shows the maximum building height for the proposed single-family detached dwelling units is 35 feet or 2 to 2½ stories. Sheet 12 of the CDP/FDP shows elevations of the proposed single-family dwelling units, and the applicant has proffered to use the same quality, general appearance, style and proportion of materials depicted on the illustrative perspective and elevations on the CDP/FDP. In addition, the applicant is proposing a public street that could connect to the extension of Banting Drive associated with RZ 2013-BR-003, if the adjacent parcels to the west redevelop in the future. Staff finds that the proposal would fit into the fabric of the community. In addition to the site design and neighborhood context criteria, Planned Development General Standards 1, 2 and 4, and Design Standard 1 state the planned development shall result in a development achieving more of the stated purpose and intent than a conventional zoning district, shall be designed to prevent substantial injury to the use and value of existing surrounding development and shall generally conform to the provisions of the corresponding conventional district to complement adjacent properties. Furthermore, the Policy Plan encourages land use patterns that maintain stability in established neighborhoods, and encourages infill development that is compatible with the existing land use and at a compatible scale. The PDH District bulk regulations require building heights and yard requirements controlled by the provisions of Article 16 of the Zoning Ordinance; and a maximum density of 3.0 dwelling units an acre for the PDH-3 District, excluding bonus density associated with affordable and workforce dwelling units. The proposed density is 2.5 du/ac. The building heights and yard requirements, as controlled by Article 16, would require the development to be generally in conformance with the R-3 Cluster District, which requires minimum yards of 20 feet (front), 10 feet (side) and 25 feet (rear) with no requirement for an average lot area. The applicant’s PDH-3 development proposes 20 foot minimum front setbacks, 5.5-foot minimum side setbacks, and 20-foot minimum rear setbacks. The applicant has also proffered to allow areas for decks, screened-in porches and windows within the rear yards of the dwelling units in accordance with Section 2-412 of the Zoning Ordinance for permitted extensions into the minimum required yards. Although the setbacks proposed with this project are less than those which would be required by a conventional district, staff feels that the proposal complements development on adjacent properties with lot orientation to public and private streets, tree preservation, open space and interparcel connections that could connect to the extension of Banting Drive associated with RZ 2013-BR-003, if the adjacent parcels to the west redevelop in RZ/FDP 2014-BR-019 Page 9 the future. The average lot size would also be approximately 7,500 square feet, which is comparable to the existing single family detached lot sizes to the east. The applicant is also proposing to provide 27 parking spaces (one to two spaces per garage, two parking spaces in the driveway). Proffers include commitments to construct driveways with a minimum of 20 feet in length from the garage door to the sidewalk (to permit the parking of two vehicles without overhanging onto the sidewalk) and to build garages that will accommodate two vehicles. Any conversion of the garages or use of the garages that precludes the parking of vehicles within the garages is also prohibited as indicated in the proffers. Onstreet parking would also be permitted for additional visitor parking. With these commitments, staff feels that the proposal meets the Comprehensive Plan recommendations and complements the existing surrounding developments. In summary, staff feels that the applicant has provided a quality site layout required for a PDH District and has met Residential Development Criteria 1 and 2. Residential Development Criteria 3: Environment (See Appendix 7 for Environmental Analysis and Planned District General Standards 3 and 4 in Appendix 6) This Criterion requires that developments respect the natural environment by conserving natural environmental resources, account for soil and topographic conditions and protect current and future residents from the impacts of noise and light. Developments should minimize off-site impacts from stormwater runoff and adverse water quality impacts. This section characterizes environmental concerns that arose from staff’s evaluation of this site and the proposed development. Solutions are suggested to remedy these concerns, but there may be other acceptable solutions. Particular emphasis is given to opportunities provided by this application to conserve the county’s remaining natural amenities. Green Building The Comprehensive Plan recommends green building certification that incorporates multiple green building concepts for zoning proposals for residential development. A number of green building development options are available for such developments, such as LEED-Homes, EarthCraft and National Green Building Standard (NGBS) with Energy Star Qualified Homes path for energy performance. The applicant has provided a commitment to develop the property with options to pursue either EarthCraft or NGBS with the Energy Star Qualified Homes path. Either of these options would meet the recommendations of the Comprehensive Plan for green building development. Staff feels that the proposed certification programs satisfy staff’s recommendations on this issue. RZ/FDP 2014-BR-019 Page 10 Water Quality No stormwater management controls exist on the site, as the subject property is currently undeveloped. The development plan shows two infiltration areas to meet the stormwater management requirements of the proposed development. While the concept of utilizing something other than a conventional dry or wet pond is notable, staff indicated that the adequacy of such facilities must be reviewed during subdivision plan review. According to the Stormwater Management and Quality narratives on Sheet 9 of the CDP/FDP, the proposed facilities would be designed to meet the new Virginia State requirements. These facilities would be designed to exceed quality and quantity requirements of the County Public Facility Manual (PFM). Design details for the proposed facilities are included on Sheets 9 through 11 of the CDP/FDP. Best Management Practices (BMP) would be provided by the facilities and the proposed preservation areas. The SWM narrative further indicates that in addition to the proposed development, the proposed facilities would be sized to detain and treat approximately 2.55 acres of offsite stormwater from the adjacent parcels to the south. Final determination regarding standards for stormwater management will be made by the Department of Public Works and Environmental Services (DPWES) at the time of subdivision plan review. Noise The proposed development includes frontage on a portion of Braddock Road. Braddock Road is a four-lane, median-divided roadway in this area, which experiences high traffic volumes with a mixture of vehicles, including passenger vehicles, trucks and buses. Staff has expressed concerns to the applicant that the traffic noise impacts from this roadway might exceed 75 dBA Ldn on at least a portion of the site. Current Comprehensive Plan guidance does not support new residential development in areas impacted by noise at or above 75 dBA Ldn. As a result of this concern, staff requested that the applicant provide a noise study to determine the extent of noise impacts to the proposed development. The noise study should also provide mitigation measures for exterior and interior noise impacts. While staff anticipates that Lot 9 would be most impacted for both interior and exterior noise impacts, there are also concerns that Lots 1-4 and 8 could also experience noise impacts needing mitigation for interior and/or exterior noise levels. Exterior noise should be mitigated to not exceed 65 dBA Ldn. Interior noise should be mitigated to no more than 45 dBA. No noise study has been submitted to staff at this time. However, the applicant has contacted a consultant to prepare a traffic noise study for the proposed development and has proffered to take measures to reduce the rear yard noise below 65 dBA and the interior noise below 45 dBA. These options may include construction of the optional noise wall (shown on the CDP/FDP to the east of proposed Lot 9) and/or replacing Lot 9 with open space during final subdivision plan review if noise impacts cannot be successfully mitigated. In addition, if the final noise study determines that other portions of the proposed development are impacted by noise levels exceeding 75 dBA Ldn, then a redesign may be RZ/FDP 2014-BR-019 Page 11 necessary, which may require a final development plan amendment and/or proffer amendment. With these commitments, staff feels that the proposal meets this criterion. Residential Development Criteria 4: Tree Preservation & Tree Cover Requirements (See Appendix 8 for Urban Forest Management of the Department of Public Works and Environmental Services (UFM, DPWES) Staff Analysis, and Planned District General Standard 3 in Appendix 6) This Criterion states that all developments should be designed to take advantage of existing tree cover and developed appropriately to disturb as little existing tree cover as possible, including the extension of utility improvements to the site. The applicant proposes to retain approximately 30 percent of the property as open space. This open space would primarily be located within the northwest, southwest and southeast corners of the site. Sheets 6, 7 and 8 of the CDP/FDP provide the proposed planting schedule and tree canopy calculations associated with the new landscaping plan, yielding approximately 51,075 square feet of tree canopy, with approximately 75 percent of that tree canopy provided through tree preservation. Proffers to protect and preserve the trees in these open space areas through walk-throughs, monitoring, and tree appraisals are provided. UFM has reviewed the application (Appendix 8) and indicated that the applicant has addressed all tree and landscape concerns. No issues remain. The applicant is encouraged to seek additional tree preservation measures if the size of the proposed infiltration facilities is reduced during subdivision plan review. With these commitments, staff feels this criterion and Planned District General Standard have been met. Final determination will be made during subdivision plan review. An additional modification from the tree preservation target percentage requirements was requested and review of that request is in the waivers and modifications analysis below under Zoning Analysis. Residential Development Criteria 5: Transportation (See Appendix 9 for FCDOT and VDOT Staff Analysis, and Planned District General Standards 5 and 6 and Design Standard 3 in Appendix 6) Criterion 5 requires that development provide safe and adequate access to the surrounding road network, and that transit and pedestrian travel and interconnection of streets should be encouraged. In addition, alternative street designs may be appropriate where conditions merit. As previously discussed, the applicant proposes to construct nine single-family detached dwelling units along a new public street and along two small private street extensions. Four units would access on the public street and five units on the private street extensions. The public street would access Braddock Road, extend west into the property and terminate in a branch-type turnaround (hammerhead) on the western portion of the site. An inter-parcel connection to west is proposed to be provided when Tax Maps 69-1 ((1)) 31A and 31B (Parcel 31A and 31B) redevelop, which would connect the public street to the extension RZ/FDP 2014-BR-019 Page 12 of Banting Drive associated with RZ 2013-BR-003. The existing private driveway with a private access easement along the southern portion of the property would remain in use by Parcels 31A and 31B until those parcels redevelop. The applicant has proffered to allow this driveway to be vacated if and when Parcels 31A and 31B redevelop in the future. The applicant also proposes to provide on-street parking on the public road within a 29-foot wide cross section, and to construct the two private street extensions to meet public street standards. A second inter-parcel connection/access is proposed to connect to Tax Map 69-1 ((1)) 30 to the north if needed in the future. In addition, approximately 5,531 square feet of right of way along Braddock Road is proposed to be dedicated for future Braddock Road improvements and approximately 1,897 square feet of additional right of way along the proposed public street would be reserved for future Braddock Road access improvements. Staff from the Fairfax County Department of Transportation (FCDOT) have reviewed the application and indicated that all of the previous comments have been addressed on the CDP/FDP or within the proffers, except the following: The interim terminus of the public street depicted as a branch-type turn around (hammerhead) to permit emergency and service vehicles to turn around should be removed and the curb, gutter, and sidewalk restored and connected to the future public street extension when the adjacent lots 69-1 ((1)) 31A and 31B to the west redevelop. The applicant revised the proffers to include options that will address this concern and allow for the terminus to be used for additional on street parking, continued access to the stormwater management facility and/or additional landscaping. The orientation of the proposed public street connection at the Braddock Road intersection should be slightly shifted to create more of a 90-degree intersection with Braddock Road and to allow for a more direct and safer intersection line of sight for vehicles exiting the new street. This configuration may also provide a shorter, and more direct pedestrian crosswalk linking the trail at the entrance throat. This issue will be addressed during final engineering. In addition, staff from the Virginia Department of Transportation (VDOT) reviewed the application and indicated that all previous comments were addressed. Two comments regarding the water and sewer line connections were provided for information and will be addressed during subdivision review. Overall, staff feels that Development Criterion 5 and the Planned District General Standards 5 and 6 have been addressed. RZ/FDP 2014-BR-019 Page 13 Residential Development Criteria 6: Public Facilities (See Appendices 10 through 15 for Specific Staff Analysis and Planned District General Standard 5 in Appendix 6) Criterion 6 states that residential developments should offset their impacts upon public facility systems (i.e. schools, parks, libraries, police, fire and rescue, stormwater management and other publicly owned community facilities). Impacts may be offset by the dedication of land, construction of public facilities, contribution of in-kind goods, services or cash earmarked for those uses, and/or monetary contributions to be used toward funding capital improvement projects. (Specific Public Facilities issues are discussed in detail in Appendices 10 – 15). Fairfax County Park Authority (Appendix 10) The proposed development would add approximately 28 new residents to the current population of the Braddock District. The CDP/FDP shows approximately 1.1 acres of open space distributed around the subject property for tree preservation, and stormwater management. In addition, a small community pavilion is proposed on the southeast corner of the site, which would be accessed from the 5-foot wide sidewalks on the site and the existing 8-foot wide multi-purpose trail along the west side of Braddock Road. The Zoning Ordinance requirement for recreational facilities for the residents of this development is $1,700 per non-ADU (affordable dwelling unit). In addition, since these funds offset only a portion of the impact to provide recreational facilities for the future residents of this development, the Fairfax County Park Authority requested an additional contribution of $893 per resident for its “fair share” use of County facilities. The applicant has committed to meet the on-site recreational facility requirements and to provide (at the time of subdivision plan approval) a contribution of $17,681 for recreational opportunities off-site as determined in consultation with the Braddock District Supervisor. Staff is concerned that the proposed contribution falls short of the recommended fair share amount of $25,004 which is intended to offset the recreational impact of the new development and continues to work with the applicant to address this concern. Fairfax County Public Schools (Appendix 11) The proposed development would be served by Laurel Ridge Elementary School, Robinson Middle School and Robinson High School. If development occurs within the next five years, Robinson High School is projected to have a slight capacity deficit. The development proposal is anticipated to add five students: two elementary students; one middle school student; and two high school students (based on the number of dwelling units shown on the CDP/FDP). Since this an increase of three students above that generated by the existing zoning district, staff requested that the applicant contribute $32,475 (based on a net contribution of $10,825 per new student) to offset potential impacts on the schools. The applicant has proffered RZ/FDP 2014-BR-019 Page 14 to contribute this amount and escalate the contribution to reflect future changes to the Fairfax County Public School contribution formula. Fire and Rescue (Appendix 12) The subject property would be serviced by the Fairfax County Fire and Rescue Department Station #414, Burke. The requested rezoning currently meets fire protection guidelines. Sanitary Sewer Analysis (Appendix 13) The subject property is located within the Accotink (M-3) watershed and would be sewered into the Norman M. Cole Pollution Control Plant (NMCP). Existing 8inch lines located in the street are adequate for the proposed use. Fairfax County Water Authority (Appendix 14) The subject property is located within the Fairfax County Water Authority service area. Adequate domestic water service is available to the site from an existing 12-inch water main located in Braddock Road. Depending upon the configuration of the on-site water mains, additional water main extensions may be necessary to satisfy fire flow requirements. Final determination of these facilities will be made by the DPWES during subdivision plan review. Stormwater Management, DPWES (Appendix 15) Staff has reviewed the proposal and offered the following comments: Water Quality and Quantity Control: According to the Stormwater Management and Water Quality narratives on Sheet 9 of the CDP/FDP, the applicant proposes two infiltration trenches that would be designed to meet the new Virginia State requirements. These facilities would be designed to exceed quality and quantity requirements of the County Public Facility Manual (PFM). Design details for the proposed facilities are included on Sheets 9 through 11 of the CDP/FDP. Best Management Practices (BMP) would be provided by the facilities and the proposed preservation areas. The SWM narrative further indicates that the proposed facilities would be sized to detain and treat approximately 2.55 acres of offsite stormwater from the adjacent parcels to the south. Preliminary Virginia Runoff Reduction Method (VRRM) calculations have been provided to show that these facilities will meet the phosphorous reduction requirement and meet the post-development discharge restrictions. The applicant has also proffered to provide SWM facilities as shown on the CDP/FDP. Downstream Drainage System: The outfall narrative has been provided with a description of the types of existing drainage systems extended downstream from the site to a point which is more than 100 times the site area. The applicant has also provided descriptions of how the adequate outfall requirements of the Public Facilities Manual will be satisfied. RZ/FDP 2014-BR-019 Page 15 With the proposed proffers, staff feels that these comments will be addressed during subdivision plan review. Proffer 18 has also been updated to ensure that the proposed stormwater facilities will be designed to meet County and State requirements. No significant issues remain. Residential Development Criteria 7: Affordable Housing This Criterion states that ensuring an adequate supply of housing for low and moderate income families, those with special accessibility requirements, and those with other special needs is a goal of Fairfax County. This Criterion may be satisfied by the construction of units, dedication of land, or by a contribution to the Housing Trust Fund. The applicant has proffered to contribute $38,250 to Habitat for Humanity of Northern Virginia or the Housing Trust Fund (based on one-half of one percent (0.5%) of the value of all of the new units approved on the property) prior to the issuance of the first building permit, which is in accordance with Fairfax County policy. Residential Development Criteria 8: Heritage Resources This Criterion requires that developments address potential impacts on historical and/or archaeological resources through research, protection, preservation, or recordation. No potential for historic or archaeological resources has been identified on the subject property. ZONING ORDINANCE PROVISIONS Article 6 Sect. 6-101 Purpose and Intent This section states that the PDH District is established to encourage innovative and creative design, to ensure ample provision and efficient use of open space; to promote balanced development of mixed housing types and to encourage the provision of affordable dwelling units. The development proposes nine single-family detached dwelling units at an overall density of 2.5 du/ ac with approximately 30 percent open space. The proposed approximately 1.1 acres of open space (distributed throughout the property for tree preservation, stormwater management, and landscaped open space uses), coupled with: 1) the extension of a public street that could connect to the extension of Banting Drive associated with RZ 2013-BR-003, if the RZ/FDP 2014-BR-019 Page 16 adjacent parcels (Parcels 31A and B) to the west redevelop in the future, and 2) a commitment to design the stormwater detention facilities to account for the adjacent properties to the south, are the applicant’s justification for a “P” District. When considering that the proposal incorporates 30 percent open space, which blends with existing off-site open space along the northern and southern boundary lines and these off-site commitments, staff finds that the proposal meets the purpose and intent of the PDH District. Sect. 6-107 Lot Size Requirements This section states that a minimum of two acres is required for approval of a PDH District. The area of this rezoning application is 3.59 acres. This standard has been satisfied. Sect. 6-109 Maximum Density This section states that the maximum density for the PDH-3 District is 3 dwelling units per acre (du/ac). The applicant proposes a density of 2.5 du/ac; therefore, this standard has been satisfied. Sect 6-110 Open Space Par. 1 of this section requires a minimum of 20% of the gross area as open space in the PDH-4 District. Par. 2 of this section requires that recreational amenities be provided in the amount of $1,700/du. The applicant proposes to retain 30 percent of the site as open space. The applicant has also proffered to provide the required monetary contribution to the FCPA if expenditures on site do not equate to the full amount required by the Zoning Ordinance. This standard has been satisfied. Article 16 Section 16-101 (General Standards) and 16-102 (Design Standards) have been incorporated into the review of the Residential Development Review Criteria of this report. Staff finds that these standards have been met. Waivers and Modifications Deviation from the tree preservation target percentage in favor of the proposed landscaping shown on the CDP/FDP and as proffered. The Zoning Ordinance requires 25 percent of the site to include tree cover (10year tree canopy). The applicant is proposing to meet this requirement through the proposed landscaping plan shown on Sheets 6, 7 and 8 of the CDP/FDP and tree preservation. As calculated on the 10-Year tree Canopy Calculation Worksheet on Sheet 6 of the CDP/FDP, 25 percent of the 10-year tree canopy requirement should include tree preservation. The applicant is meeting this requirement (by providing 25.4 percent tree preservation) and requests a RZ/FDP 2014-BR-019 Page 17 modification of the tree preservation target in the event that additional trees may need to be removed during subdivision plan review, indicating that conformance would preclude development of the use and intensity permitted by the Zoning Ordinance. While the portion of the property where vehicular access would be provided from Braddock Road contains some dense mature tree stands, where critical root zones may be impacted, the proposed design provides for potential joint vehicular access with the adjacent property to the west and an opportunity to coordinate tree preservation with this property when it redevelops in the future. With this proposal, staff feels that the prerequisites for the deviation have been met, and as such, staff supports the requested waiver. CONCLUSIONS AND RECOMMENDATIONS Staff Conclusions The applicant proposes to rezone the subject property from the R-1 District to the PDH-3 District to construct nine single-family detached dwelling units at an overall density of 2.5 dwelling units per acre (du/ac). The proposed density is in accordance with the Comprehensive Plan range. In staff’s opinion, the proposed lots are compatible with the adjacent parcels and the proposed development fits into the context of the neighborhood by providing a public street that could connect to the extension of Banting Drive associated with RZ 2013-BR-003, if the adjacent parcels to the west redevelop in the future. In general, staff finds that the application meets the residential development criteria, and the general and design standards of a planned district. Recommendations Staff recommends approval of RZ 2014-BR-019, subject to proffers consistent with those found in Appendix 1 of this report. Staff recommends approval of FDP 2013-BR-019. Staff recommends that the Board of Supervisors direct the Director of DPWES to permit a deviation from the tree preservation target percentage in favor of the proposed landscaping shown on the CDP/FDP and as proffered. It should be noted that it is not the intent of staff to recommend that the Board, in adopting any conditions proffered by the owner, relieve the applicant/owner from compliance with the provisions of any applicable ordinances, regulations, or adopted standards. It should be further noted that the content of this report reflects the analysis and recommendations of staff; it does not reflect the position of the Board of Supervisors. RZ/FDP 2014-BR-019 Page 18 APPENDICES 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Draft Proffers Affidavit Statement of Justification Comprehensive Plan Recommendations Comprehensive Plan Residential Development Criteria Zoning Ordinance Provisions – Article 16 – Planned District Guidelines Environmental Analysis Urban Forest Management Analysis Transportation Analysis Fairfax County Park Authority Fairfax County Public Schools Fire and Rescue Sanitary Sewer Analysis Fairfax County Water Authority Stormwater Management Analysis, DPWES Glossary APPENDIX 1 APPENDIX 2 REZONING AFFIDAVIT date: Wuaru % , /QD15 (enter date affidavit is notarized) j) E. John Regan, Jr., Executive Vice President/Treasurer of _ c|0 hereby state that I am an (enter name of applicant or authorized agent) Christopher Management, Inc., Manager of Christopher at Kenilworth, LLC (check one) [ ] applicant [•] applicant's authorized agent listed in Par. 1(a) below IZh^lO in Application No.(s): RZ/FDP 2014-BR-019 j (enter County-assigned application number(s), e.g. RZ 88-V-001) and that, to the best of my knowledge and belief, the following information is true: 1 (a). The following constitutes a listing of the names and addresses of all APPLICANTS, TITLE OWNERS, CONTRACT PURCHASERS, and LESSEES of the land described in the application,* and, if any of the foregoing is a TRUSTEE,** each BENEFICIARY of such trust, and all ATTORNEYS and REAL ESTATE BROKERS, and all AGENTS who have acted on behalf of any of the foregoing with respect to the application: (NOTE: All relationships to the application listed above in BOLD print must be disclosed. Multiple relationships may be listed together, e.g., Attorney/Agent, Contract Purchaser/Lessee, Applicant/Title Owner, etc. For a multiparcel application, list the Tax Map Number(s) of the parcel(s) for each owner(s) in the Relationship column.) NAME ADDRESS RELATIONSHIP(S) (enter first name, middle initial, and last name) (enter number, street, city, state, and zip code) (enter applicable relationships listed in BOLD above) x Christopher at Kenilworth, LLC 10461 White Granite Drive, Suite 103 Oakton, Virginia 22124 Applicant/Title Owner n Christopher Management, Inc., E. John Regan, Jr., Shareholder, Agent W. Craig Havenner, Shareholder, Agent 10461 White Granite Drive, Suite 103 Oakton, Virginia 22124 Agent for Applicant/Title Owner Charles P. Johnson & Associates, Inc. Allan D. Baken, Agent Henry M. Fox, Agent Mark Huffman, Agent 3959 Pender Drive, Suite 210 Fairfax, Virginia 22030 Engineer, Agent (check if applicable) [ ] There are more relationships to be listed and Par. 1(a) is continued on a "Rezoning Attachment to Par. 1(a)" form. * In the case of a condominium, the title owner, contract purchaser, or lessee of 10% or more of the units in the condominium. ** List as follows: Name of trustee. Trustee for (name of trust, if applicable), for the benefit of: (state name of each beneficiary). s^FORM RZA-1 Updated (7/1/06) Page Two REZONING AFFIDAVIT DATE: ^RX\UiXjOjr % (jo 15 (enter date affidavit is notarized) for Application No. (s): RZ/FDP 2014-BR-019 (enter County-assigned application number(s)) 1(b). The following constitutes a listing*** of the SHAREHOLDERS of all corporations disclosed in this affidavit who own 10% or more of any class of stock issued by said corporation, and where such corporation has 10 or less shareholders, a listing of all of the shareholders, and if the corporation is an owner of the subject land, all of the OFFICERS and DIRECTORS of such corporation; (NOTE: Include SOLE PROPRIETORSHIPS, LIMITED LIABILITY COMPANIES, and REAL ESTATE INVESTMENT TRUSTS herein.) CORPORATION INFORMATION NAME & ADDRESS OF CORPORATION: (enter complete name, number, street, city, state, and zip code) Christopher at Kenilworth, LLC i•' Christopher Management, Inc., its Manager 10461 White Granit Drive, Suite 103 Oakton, Virginia 22124 DESCRIPTION OF CORPORATION: (check one statement) [/] [ ] [ ] There are 10 or less shareholders, and all of the shareholders are listed below. There are more than 10 shareholders, and all of the shareholders owning 10% or more of any class of stock issued by said corporation are listed below. There are more than 10 shareholders, but no shareholder owns 10% or more of anv class of stock issued by said corporation, and no shareholders are listed below. NAMES OF SHAREHOLDERS: (enter first name, middle initial, and last name) E. John Regan, Jr., Member W. Craig Havenner, Member Joseph Hennessey, Member Benjamin R. Steck, Member Clark L. Massie, Member Habibollah Jahanian, Member Mohsen Zarean, Member NAMES OF OFFICERS & DIRECTORS: (enter first name, middle initial, last name & title, e.g. President, Vice President, Secretary, Treasurer, etc.) (check if applicable) [y] There is more corporation information and Par. 1(b) is continued on a "Rezoning Attachment 1(b)" form. *** All listings which include partnerships, corporations, or trusts, to include the names of beneficiaries, must be broken down successively until: (a) only individual persons are listed or (b) the listing for a corporation having more than 10 shareholders has no shareholder owning 10% or more of any class of stock. In the case of an APPLICANT, TITLE OWNER, CONTRACT PURCHASER, or LESSEE* of the land that is a partnership, corporation, or trust, such successive breakdown must include a listing and further breakdown of all of its partners, of its shareholders as required above, and of beneficiaries of any trusts. Such successive breakdown must also include breakdowns of any partnership, corporation, or trust owning 10% or more of the APPLICANT, TITLE OWNER, CONTRACT PURCHASER, or LESSEE* of the land. Limited liability companies and real estate investment trusts and their equivalents are treated as corporations, with members being deemed the equivalent of shareholders; managing members shall also be listed. Use footnote numbers to designate partnerships or corporations, which have further listings on an attachment page, and reference the same footnote numbers on the attachment page. FORM RZA-1 Updated (7/1/06) Page I of Rezoning Attachment to Par. 1(b) DATE: (enter date affidavit is notarized) for Application No. (s): RZ/FDP 2014-BR-019 (enter County-assigned application number (s)) NAME & ADDRESS OF CORPORATION: (enter complete name, number, street, city, state, and zip code) Christopher Management, Inc. 10461 White Granite Drive, Suite 103 Oakton, Virginia 22124 DESCRIPTION OF CORPORATION: (check one statement) [•] [ ] [ ] There are 10 or less shareholders, and all of the shareholders are listed below. There are more than 10 shareholders, and all of the shareholders owning 10% or more of any class of stock issued by said corporation are listed below. There are more than 10 shareholders, but no shareholder owns 10% or more of any class of stock issued by said corporation, and no shareholders are listed below. NAMES OF THE SHAREHOLDER: (enter first name, middle initial, and last name) W. Craig Havenner E. John Regan, Jr. NAMES OF OFFICERS & DIRECTORS: (enter first name, middle initial, last name, and title, e.g. President, Vice-President, Secretary, Treasurer, etc.) NAME & ADDRESS OF CORPORATION: (enter complete name, number, street, city, state, and zip code) Charles P, Johnson & Associates, Inc. 3859 Pender Drive, Suite 210 Fairfax, Virginia 22030 DESCRIPTION OF CORPORATION: (check one statement) [ ] [•] [ ] There are 10 or less shareholders, and all of the shareholders are listed below. There are more than 10 shareholders, and all of the shareholders owning 10% or more of any class of stock issued by said corporation are listed below. There are more than 10 shareholders, but no shareholder owns 10% or more of any class of stock issued by said corporation, and no shareholders are listed below NAMES OF THE SHAREHOLDERS: (enter first name, middle initial, and last name) Charles P. Johnson Paul B, Johnson Charles P. Johnson II NAMES OF OFFICERS & DIRECTORS: (enter first name, middle initial, last name, and title, e.g. President, Vice-President, Secretary, Treasurer, etc.) (check if applicable) FORM RZA-1 Updated (7/1/06) [ ] There is more corporation information and Par. 1 (b) is continued further on a "Rezoning Attachment to Par. 1(b)" form. 11> Page Three REZONING AFFIDAVIT DATE: \p$^kXU%Q0\S (enter date affidavit is notarized) \7jSt?o for Application No. (s): RZ/FDP 2014-BR-019 (enter County-assigned application number(s)) 1(c). The following constitutes a listing*** of all of the PARTNERS, both GENERAL and LIMITED, in any partnership disclosed in this affidavit: PARTNERSHIP INFORMATION PARTNERSHIP NAME & ADDRESS: (enter complete name, number, street, city, state and zip code) (check if applicable) [ ] The above-listed partnership has no limited partners. NAMES AND TITLE OF THE PARTNERS (enter first name, middle initial, last name, and title, e.g. General Partner, Limited Partner, or General and Limited Partner) (check if applicable) [ ] There is more partnership information and Par. 1(c) is continued on a "Rezoning Attachment to Par. 1(c)" form. *** All listings which include partnerships, corporations, or trusts, to include the names of beneficiaries, must be broken down successively until: (a) only individual persons are listed or (b) the listing for a corporation having more than 10 shareholders has no shareholder owning 10% or more of any class of stock. In the case of an APPLICANT, TITLE OWNER, CONTRACT PURCHASER, or LESSEE* of the land that is a partnership, corporation, or trust, such successive breakdown must include a listing and further breakdown of all of its partners, of its shareholders as required above, and of beneficiaries of any trusts. Such successive breakdown must also include breakdowns of any partnership, corporation, or trust owning 10% or more of the APPLICANT, TITLE OWNER, CONTRACT PURCHASER or LESSEE* of the land. Limited liability companies and real estate investment trusts and their equivalents are treated as corporations, with members being deemed the equivalent of shareholders; managing members shall also be listed. Use footnote numbers to designate partnerships or corporations, which have further listings on an attachment page, and reference the same footnote numbers on the attachment page. FORM RZA-1 Updated (7/1/06) Page Four REZONING AFFIDAVIT DATE: kflMa ^015 (enter date affidavit is notarized) IZ</?70 for Application No. (s): RZ/FDP 2014-BR-019 (enter County-assigned application number(s)) 1 (d). 2. One of the following boxes must be checked: [ ] In addition to the names listed in Paragraphs 1 (a), 1 (b), and 1 (c) above, the following is a listing of any and all other individuals who own in the aggregate (directly and as a shareholder, partner, and beneficiary of a trust) 10% or more of the APPLICANT, TITLE OWNER, CONTRACT PURCHASER, or LESSEE* of the land: [•] Other than the names listed in Paragraphs 1(a), 1(b), and 1(c) above, no individual owns in the aggregate (directly and as a shareholder, partner, and beneficiary of a trust) 10% or more of the APPLICANT, TITLE OWNER, CONTRACT PURCHASER, or LESSEE* of the land. That no member of the Fairfax County Board of Supervisors, Planning Commission, or any member of his or her immediate household owns or has any financial interest in the subject land either individually, by ownership of stock in a corporation owning such land, or through an interest in a partnership owning such land. EXCEPT AS FOLLOWS: (NOTE: If answer is none, enter "NONE" on the line below.) NONE (check if applicable) FORM RZA-1 Updated (7/1/06) [ ] There are more interests to be listed and Par. 2 is continued on a "Rezoning Attachment to Par. 2" form. Page Five REZONING AFFIDAVIT DATE: % ,35 lb (enter date affidavit is notarized) l2(/^7D for Application No. (s): RZ/FDP 2014-BR-019 (enter County-assigned application number(s)) 3. That within the twelve-month period prior to the public hearing of this application, no member of the Fairfax County Board of Supervisors, Planning Commission, or any member of his or her immediate household, either directly or by way of partnership in which any of them is a partner, employee, agent, or attorney, or through a partner of any of them, or through a corporation in which any of them is an officer, director, employee, agent, or attorney or holds 10% or more of the outstanding bonds or shares of stock of a particular class, has, or has had any business or financial relationship, other than any ordinary depositor or customer relationship with or by a retail establishment, public utility, or bank, including any gift or donation having a value of more than $100, singularly or in the aggregate, with any of those listed in Par. 1 above. EXCEPT AS FOLLOWS: (NOTE: If answer is none, enter "NONE" on line below.) Friend of Supervisor John Cook- $ 100 by: W. Craig Havenner (NOTE: Business or financial relationships of the type described in this paragraph that arise after the filing of this application and before each public hearing must be disclosed prior to the public hearings. See Par. 4 below.) (check if applicable) [ ] There are more disclosures to be listed and Par. 3 is continued on a "Rezoning Attachment to Par. 3" form. That the information contained in this affidavit is complete, that all partnerships, corporations, and trusts owning 10% or more of the APPLICANT, TITLE OWNER, CONTRACT PURCHASER, or LESSEE* of the land have been listed and broken down, and that prior to each and every public hearing on this matter, I will reexamine this affidavit and provide any changed or supplemental information, including business or financial relationships of the type described in Paragraph 3 above, that arise on or after the date of this application. WITNESS the following signature: (check one) JkC] Applicant's Authorized Agent [ ] Applicant. _ ^ WVouws^eC; P'k (type or print first name, middle"initial, last name, and title o'ftsignee) Of Subscribed and sworn to before me this day of tYl fiUAfU of County/Cift^fTfi \ f kll J. \ Xl^Afi 20J5_, in the State/Com in. LUC Ufl-ry. ryiiUA 1Mftryf U1 My commission expires: MJCIA MABtg (TMOflROw* ® fa rsnmk iowsy PUSfeJE COMM. Of VIRSWIA FORM RZA-1 Updated (7/1/06) % CoownWoB Expires August 31,2017 Notary^ Public b APPENDIX 3 APPENDIX 4 FAIRFAX COUNTY COMPREHENSIVE PLAN, 2011 Edition Pohick Planning District, Amended through 4-9-2013 P2-Main Branch Community Planning Sector AREA III Page 33 11. Infill development south of Braddock Road, north of Zion Drive, between Route 123 and Guinea Road, should be developed as single-family detached dwellings at a density of 2-3 dwelling units per acre. APPENDIX 6 16-100 STANDARDS FOR ALL PLANNED DEVELOPMENTS 16-101 General Standards A rezoning application or development plan amendment application may only be approved for a planned development under the provisions of Article 6 if the planned development satisfies the following general standards: 1. The planned development shall substantially conform to the adopted comprehensive plan with respect to type, character, intensity of use and public facilities. Planned developments shall not exceed the density or intensity permitted by the adopted comprehensive plan, except as expressly permitted under the applicable density or intensity bonus provisions. 2. The planned development shall be of such design that it will result in a development achieving the stated purpose and intent of the planned development district more than would development under a conventional zoning district. 3. The planned development shall efficiently utilize the available land, and shall protect and preserve to the extent possible all scenic assets and natural features such as trees, streams and topographic features. 4. The planned development shall be designed to prevent substantial injury to the use and value of existing surrounding development, and shall not hinder, deter or impede development of surrounding undeveloped properties in accordance with the adopted comprehensive plan. 5. The planned development shall be located in an area in which transportation, police and fire protection, other public facilities and public utilities, including sewerage, are or will be available and adequate for the uses proposed; provided, however, that the applicant may make provision for such facilities or utilities which are not presently available. 6. The planned development shall provide coordinated linkages among internal facilities and services as well as connections to major external facilities and services at a scale appropriate to the development. 16-102 Design Standards Whereas it is the intent to allow flexibility in the design of all planned developments, it is deemed necessary to establish design standards by which to review rezoning applications, development plans, conceptual development plans, final development plans, PRC plans, site plans and subdivision plats. Therefore, the following design standards shall apply: 1. In order to complement development on adjacent properties, at all peripheral boundaries of the planned development district, the bulk regulations and landscaping and screening provisions shall generally conform to the provisions of that conventional zoning district which most closely characterizes the particular type of development under consideration. 2. Other than those regulations specifically set forth in Article 6 for a particular P district, the open space, off-street parking, loading, sign and all other similar regulations set forth in this Ordinance shall have general application in all planned developments. 3. Streets and driveways shall be designed to generally conform to the provisions set forth in this Ordinance and all other County ordinances and regulations controlling same, and where applicable, street systems shall be designed to afford convenient access to mass transportation facilities. In addition, a network of trails and sidewalks shall be coordinated to provide access to recreational amenities, open space, public facilities, vehicular access routes, and mass transportation facilities. APPENDIX 7 APPENDIX 8 County of Fairfax, Virginia MEMORANDUM DATE: December 17, 2014 TO: Mr. William J. O'Donnell Jr., Staff Coordinator Department of Planning and Zoning FROM: Samantha Wangsgard, Urban Forester II Forest Conservation Branch, DPWES SUBJECT: Braddock Road-Kenilworth; RZ/FDP 2014-BR-019 RE: Request for Assistance dated December 3, 2014 The following comments are based on a review of the resubmission of RZ/FDP 2014-BR-019 date stamped as received by the Department of Planning and Zoning on December 2, 2014. Comment: It appears that with a reduction in the size of Infiltration Trench #1 or redesigning its shape, that the trees proposed for preservation directly adjacent to the trench will be afforded additional protection and additional tree canopy may be able to be preserved. Recommendation: Infiltration Trench #1 should be reduced in size if possible or reshaped to provide for additional tree preservation or protection for trees proposed for preservation immediately adjacent to the trench. Comment: With the use of the 1.25 multiplier, this application only exceeds the tree preservation target by 8 square feet. Recommendation: Additional tree preservation opportunities should be considered in the area of the proposed pavilion or proffer language should be developed that states that this area will be left for tree preservation if the pavilion is not built. SW/ UFMDID #: cc: 197145 DPZ File Department of Public Works and Environmental Services Urban Forest Management Division 12055 Government Center Parkway, Suite 518 Fairfax, Virginia 22035-5503 Phone 703-324-1770, TTY: 711, Fax: 703-653-9550 www.fairfaxcounty.gov/dpwes APPENDIX 9 County of Fairfax, Virginia DATE: January 9, 2015 TO: Barbara Berlin, Director Zoning Evaluation Division, Department of Planning & Zoning FROM: Michael A. Davis, Interim Chiel Site Analysis Section, Departnr lsportation FILE: RZ/FDP 2014-BR-019 SUBJECT: RZ/FDP 2014-BR-019 Christopher at Kenilworth LLC (Kenilworth) 9725 Braddock Road, Fairfax VA 22032 Tax Map: 069-1 ((1)) 029 This Department has reviewed the subject application and Conceptual/Final Development Plan (CDP/FDP) dated September 5, 2014 and revised through January 5, 2015, and proffers dated January 6, 2014. All identified concerns have been addressed except the following: • The interim terminus of the public street is depicted as a branch-type turnaround to permit emergency and service vehicles to turnaround. When the adjacent lots 69-1 ((1)) 31A and 31B to the west redevelop, this branch-type turnaround should be removed and the curb, gutter, and sidewalk restored to be connected to the future public road extension. • The applicant should design and orient the internal public street to a 90-degree intersection with Braddock Road. This design may allow for a more direct and safer intersection line of sight for vehicles exiting the new street. This configuration may also provide a shorter, and more direct pedestrian crosswalk linking the trail at the entrance throat. Comments on the proposed proffers were submitted under separate cover. MAD/RP Fairfax County Department of Transportation 4050 Legato Road, Suite 400 Fairfax, VA 22033-2895 Phone: (703) 877-5600 TTY: 711 Fax: (703) 877-5723 www.fairfaxcounty.gov/fcdot FCDOT Serving Fairfax County for 30 Yearsand More DEPARTMENT OF TRANSPORTATION 4975 Alliance Drive Fairfax, VA 22030 CHARLES A. KILPATRICK, P.E. COMMISSIONER January 23, 2015 To: Ms. Barbara Berlin Director, Zoning Evaluation Division From: Kevin Nelson Virginia Department of Transportation – Land Development Section Subject: RZ/FDP 2014-BR-019 Christopher at Kenilworth, LLC Tax Map # 69-1((01))0029 All submittals subsequent to the first submittal shall provide a response letter to the previous VDOT comments. Submittals without comment response letters are considered incomplete and will be returned without review. I have reviewed the above plan submitted on December 3, 2014, and received December 8, 2014. The following comments are offered with the same numbers from the last submittal being utilized: 2. The waterline and sewer line will need to be jacked and bored under Braddock Road. No open cutting along Braddock Road will be permitted. It is suggested the sanitary sewer and water line connections be made across Braddock Road in the grassy area near the service drive on the north side. This area will accommodate bore pits for making these connections. 7. Overland relief of the storm runoff will need to be addressed for potentially clogged parts of the system. If you have any questions, please call me. cc: Ms. Angela Rodeheaver fairfaxrezoning2014-BR-019rz2Christopher@KenilworthLLC1-23-15BB We Keep Virginia Moving APPENDIX 10 FAIRFAX COUNTY PARK AUTHORITY M E M O R A N TO: Barbara Berlin, AICP, Director Zoning Evaluation Division Department of Planning and Zoning FROM: Sandy Stallman, AICP, Manager Park Planning Branch, PDD DATE: October 22, 2014 SUBJECT: RZ-FDP 2014-BR-019, Christopher at Kenilworth Tax Map Number: 69-1 ((1)) 29 D U M BACKGROUND The Park Authority staff has reviewed the proposed Development Plan dated September 5, 2014, for the above referenced application. The Development Plan shows 9 new single-family detached dwelling units on a 3.59-acre parcel to be rezoned from the R-l to PDH-3 zoning district. Based on an average single-family detached household size of 3.10 in the Pohick Planning District, the development could add 28 new residents to the Braddock Supervisory District. COMPREHENSIVE PLAN GUIDANCE The County Comprehensive Plan includes both general and specific guidance regarding parks and resources. The Policy Plan describes the need to mitigate adverse impacts to park and recreation facilities caused by growth and development; it also offers a variety of ways to offset those impacts, including contributions, land dedication, development of facilities, and others (Parks and Recreation, Objective 6, p.8). Resource protection is addressed in multiple objectives, focusing on protection, preservation, and sustainability of resources (Parks and Recreation Objectives 2 and 5, p.5-7). The Comprehensive Plan for the Pohick Planning District, Heritage Resources section states "Large portions of the Pohick Planning District have not been surveyed to determine the presence or absence of heritage resources. It is desirable that these areas be examined before they are developed and appropriate action taken to record, preserve and/or recover significant heritage resources." (Page 10) Barbara Berlin RZ-FDP 2014-BR-019, Christopher at Kenilworth Page 2 ANALYSIS AND RECOMMENDATIONS Park Needs: Using adopted service level standards, staff has identified a need for all types of parkland and recreational facilities in this area. Existing nearby parks (University, George Mason, Old Forge, Royal Lake, Lakeside, Monticello, and Country Club View) meet only a portion of the demand for parkland generated by residential development in the Pohick Planning District. In addition to parkland, the recreational facilities in greatest need in this area include rectangular athletic fields, youth baseball and softball fields, multi-use courts, playgrounds, neighborhood skate parks, and trails. Recreational Impact of Residential Development: The Fairfax County Zoning Ordinance requires provision of open space and recreational features within Planned Development Districts (see Zoning Ordinance Sections 6-110 and 16-404). The minimum expenditure for park and recreational facilities within these districts is set at $1,700 per non-ADU residential unit for outdoor recreational facilities to serve the development population. Whenever possible, the facilities should be located within the residential development site. With 9 non-ADUs proposed, the Ordinance-required amount to be spent onsite is $15,300, Any portion of this amount not spent onsite should be conveyed to the Park Authority for recreational facility construction at one or more park sites in the service area of the development. The $1,700 per unit funds required by Ordinance offset only a portion of the impact to provide recreational facilities for the new residents generated by this development. Typically, a large portion if not all of the Ordinance-required funds are used for recreational amenities onsite. As a result, the Park Authority is not compensated for the increased demands caused by residential development for other recreational facilities that the Park Authority must provide. With the Countywide Comprehensive Policy Plan as a guide (Appendix 9, #6 of the Land Use section, as well as Objective 6, Policy a, b and c of the Parks and Recreation section), the Park Authority requests a fair share contribution of $893 per new resident with any residential rezoning application to offset impacts to park and recreation service levels. This allows the Park Authority to build additional facilities needed as the population increases. To offset the additional impact caused by the proposed development, the applicant should contribute $25,004 to the Park Authority for recreational facility development at one or more park sites located within the service area of the subject property. Cultural Resources Impact: The subject parcel was subjected to archival cultural resources review. The parcel is situated along Braddock Road and has moderate to high potential to contain significant archaeological sites. It is therefore recommended that the parcel undergo a Phase I archaeological survey in order to determine presence or absence of significant archaeological resources. If significant sites are found it is recommended they undergo Phase II archaeological testing in order to determine eligibility for inclusion onto the National Register of Historic Places. If any sites are found eligible, avoidance or Phase III data recovery is recommended. At the completion of any cultural resource studies, the Park Authority requests that the applicant provide two copies (one hard copy, one digital copy) of the archaeology report as well as field Barbara Berlin RZ-FDP 2014-BR-019, Christopher at Kenilworth Page 3 notes, photographs, and artifacts to the Park Authority's Resource Management Division (Attention: Liz Crowell) within 30 days of completion of the study. Materials can be sent to 2855 Annandale Road Falls Church, YA 20110 for review and concurrence. For artifact catalogues, please include the database in Access ™ format, as well as digital photography, architectural assessments, including line drawings. If any archaeological, architectural or other sites are found during cultural resources assessments, the applicant should update files at VDHR, using the VCRIS system. SUMMARY OF RECOMMENDATIONS This section summarizes the recommendations included in the preceding analysis section. Following is a table summarizing recreation contribution amounts consistent with the Zoning Ordinance and Comprehensive Plan guidance: Proposed Uses Single-family detached units P-District Onsite Expenditure $15,300 Requested Park Proffer Amount $25,004 Total $40,304 In addition, the Park Authority recommends the following: • Conduct a Phase I archaeological survey, and any follow up studies as needed, in order to determine presence or absence of significant archaeological resources. Please note the Park Authority would like to review and comment on proffers and/or development related to park and recreation issues. We request that draft and final proffers and/or development conditions be submitted to the assigned reviewer noted below for review and comment prior to completion of the staff report and prior to final Board of Supervisors approval. FCPA Reviewer: Andi Dorlester DPZ Coordinator: Billy O'Donnell Copy: Cindy Walsh, Director, Resource Management Division Liz Crowell, Manager, Cultural Resource Management & Protection Section Billy O'Donnell, DPZ Coordinator Chron File File Copy APPENDIX 11 APPENDIX 12 County of Fairfax, Virginia MEMORANDUM DATE: January 13, 2015 TO: Barbara C. Berlin, Director Zoning Evaluation Division Department of Planning and Zoning FROM: Eric Fisher, GIS Coordinator Information Technology Section Fire and Rescue Department SUBJECT: Fire and Rescue Department Preliminary Analysis of Rezoning/Final Development Plan Application RZ/FDP 2014-BR-019 The following information is submitted in response to your request for a preliminary Fire and Rescue Department analysis for the subject: 1. The application property is serviced by the Fairfax County Fire and Rescue Department Station #414, Burke 2. After construction programmed ___(n/a)____ this property will be serviced by the fire station _______(n/a)_________________ Proudly Protecting and Serving Our Community Fire and Rescue Department 4100 Chain Bridge Road Fairfax, VA 22030 703-246-2126 www.fairfaxcounty.gov/fire APPENDIX 13 County of Fairfax, Virginia MEMORANDUM M DATE: October 14, 2014 TO: Billy O’Donnell Zoning Evaluation Division Department of Planning and Zoning FROM: Sharad Regmi, P.E. Engineering Analysis and Planning Branch SUBJECT: Sanitary Sewer Analysis Report REF: Application No. RZ/FDP 2014-BR-019 Tax Map No. 069-1-((01))-0029 The following information is submitted in response to your request for a sanitary sewer analysis for above referenced application: 1. The application property is located in Accotink Creek (M-3) watershed. It would be sewered into the Noman M. Cole Pollution Control Plant (NMCPCP). 2. Based upon current and committed flow, there is excess capacity in the NMCPCP. For purposes of this report, committed flow shall be deemed that for which fees have been paid, building permits have been issued, or priority reservations have been established by the Board of Supervisors. No commitment can be made, however, as to the availability of treatment capacity for the development of the subject property. Availability of treatment capacity will depend upon the current rate of construction and the timing for development of this site. 3. An existing 8 inch line located in the Braddock Green Court and approximately 250 ft from the property is adequate for the proposed use at this time. 4. The following table indicates the condition of all related sewer facilities and the total effect of this application. Existing Use Existing Use Existing Use + Application + Application +Application +Previous Applications + Comp Plan Sewer Network Collector Submain Main/Trunk 5. Adeq. Inadeq X X X Adeq. X X X Inadeq Adeq. Inadeq X X X Other pertinent comments: Department of Public Works and Environmental Services Wastewater Planning & Monitoring Division 12000 Government Center Parkway, Suite 358 Fairfax, VA 22035 Phone: 703-324-5030, Fax: 703-803-3297 www.fairfaxcounty.gov/dpwes APPENDIX 14 APPENDIX 15 County of Fairfax, Virginia MEMORA N D U M DATE: December 17, 2014 TO: William O’Donnell, Staff Coordinator Zoning Evaluation Division Department of Planning and Zoning FROM: William J. Veon, Jr., Senior Engineer III (Stormwater) Central Branch, Site Development and Inspections Division Department of Public Works and Environmental Services SUBJECT: Zoning Application No.: RZ/FDP 2014-BR-019 Christopher at Kenilworth, LLC (aka, Braddock Road-Kenilworth Conceptual/Final Development Plan (dated December 1, 2014) LDS Project No.: 005909-ZONA-001-1 Tax Map No.: 069-1-01-0029 Braddock District ______________________________________________________________________________ The subject application has been reviewed and the following stormwater management comments are offered at this time: Note: The Stormwater Management Ordinance (SWMO – County Code, Chapter 124) Article 4 technical design criteria, and the current Public Facilities Manual (PFM), have been considered in the preparation of the comments that follow. Chesapeake Bay Preservation Ordinance (CBPO) There is no Resource Protection Area (RPA) on this site. Floodplains There are no regulated floodplains on the property/site. Downstream Drainage Complaints There are no significant, contemporary downstream drainage complaints on file. Water Quality Water quality controls are required for this project (SWMO 124-1-6, 124-4-1 & 124-4-2). Two onsite infiltration facilities have been proposed as the combined SWM/BMP practice by which the project will meet its phosphorus reduction requirements. A preliminary VRRM (Virginia Runoff Reduction Method) analysis has been included in the Conceptual/Final Development Plan to support the design engineer’s expectation that the infiltration facilities should provide Department of Public Works and Environmental Services Land Development Services, Site Development and Inspections Division 12055 Government Center Parkway, Suite 535 Fairfax, Virginia 22035-5503 Phone 703-324-1720 • TTY 711 • FAX 703-324-8359 William O’Donnell, Staff Coordinator Zoning Application No.: RZ/FDP 2014-BR-019 December 17, 2014 Page 2 of 3 sufficient water quality compliance. Calculation and design details will be reviewed at the final design/site plan stage. Water Quantity - Detention Water quantity controls for stormwater detention are required for this project (SWMO 124-1-6, 124-4-1 & 124-4-4.D). Two onsite infiltration facilities have been proposed as the combined SWM/BMP practice by which the project will meet its detention requirements. A preliminary design analysis has been included in the Conceptual/Final Development Plan, which identifies that there is to be no 10-yr flow release from the infiltration trenches. Therefore, it appears it is the design intent to retain and infiltrate the entire 10-yr/24-hr runoff volume for contributing areas of about 2.33 ac (0.98 ac onsite) and 2.75 ac (1.54 ac onsite) draining to proposed Trench 1 and Trench 2, respectively. Calculation and design details will be reviewed at the final design/site plan stage. Note that the NOAA Atlas 14, Vienna, VA, rainfall data will need to be used, and locationspecific infiltration testing (per PFM 4-0700) will need to be conducted, for the development of the final infiltration trench designs. Also, the adjusted CN values generated in the VRRM spreadsheet cannot be used for the water quantity designs of the trenches, as these lower values already incorporate the effects of the removal of the appropriate water quality runoff volume by the infiltration trenches. The weighted CN values must be used for the infiltration trench designs. Water Quantity - Outfalls Water quantity controls for outfall channel and flood protection are required for this proposed project (SWMO 124-1-6, 124-4-1, 124-4-4.B & 124-4-4.C). A preliminary Outfall Narrative has been included, and has identified one site outfall. This outfall discharges westward onto an adjacent residential property, but there does not appear to be a channel or storm drain system to accept any concentrated flow at this location. However, the design engineer has provided a professional opinion that the outfall is adequate, so a “bed-and-banks” channel may exist and will need to be demonstrated at final design. Otherwise, the final design will either need to demonstrate that there is only sheetflow leaving the site (which might be possible if the infiltration trenches are indeed designed to capture and infiltrate the entire 10-yr/24-hr runoff from their respective drainage areas), or SWMO 124-4-4.B.3.a and 124-4-4.C.4 shall be applied to the SWM system design. The outfall analysis calculations and details will be reviewed at the final design/site plan stage. Stormwater Planning Comments This site is located in the Pohick Creek Watershed, and the Pohick-Rabbit Branch Watershed Management Area (WMA). A Stream Restoration project (PC-9263) has been identified for implementation within subwatershed PC-RA-0008, along a tributary to Rabbit Branch, and is located about 2500’ downstream from the site’s natural outfall location. However, with reduced post-development discharges and phosphorus loads, the site should have little impact on the future County project. William O’Donnell, Staff Coordinator Zoning Application No.: RZ/FDP 2014-BR-019 December 17, 2014 Page 3 of 3 Dam Breach The property is not located within a dam breach inundation zone. Miscellaneous The stormwater management plan to be prepared at final design must address all of the items listed in SWMO 124-2-7.B. The latest BMP specifications provided on the Virginia Stormwater BMP Clearinghouse website must be used for final design. The design engineer is also referred to LTI 14-13 with regard to the selection of the appropriate BMP specifications. Virginia DEQ Stormwater Design Specification No. 8 must be used for the design of the proposed infiltration trenches. Please contact me at 703-324-1720 or [email protected], if you have any questions or require additional information. WJV/ cc: Don Demetrius, Chief, Watershed Projects Evaluation Branch, SPD, DPWES Fred Rose, Chief, Watershed Planning & Assessment Branch, SPD, DPWES Durga Kharel, Chief, Central Branch, SDID, DPWES Hani Fawaz, Senior Engineer III, Central Branch, SDID, DPWES Zoning Application File APPENDIX 16 GLOSSARY This Glossary is provided to assist the public in understanding the staff evaluation and analysis of development proposals. It should not be construed as representing legal definitions. Refer to the Fairfax County Zoning Ordinance, Comprehensive Plan or Public Facilities Manual for additional information. ABANDONMENT: Refers to road or street abandonment, an action taken by the Board of Supervisors, usually through the public hearing process, to abolish the public's right-of-passage over a road or road right-of way. Upon abandonment, the right-of-way automatically reverts to the underlying fee owners. If the fee to the owner is unknown, Virginia law presumes that fee to the roadbed rests with the adjacent property owners if there is no evidence to the contrary. ACCESSORY DWELLING UNIT (OR APARTMENT): A secondary dwelling unit established in conjunction with and clearly subordinate to a single family detached dwelling unit. An accessory dwelling unit may be allowed if a special permit is granted by the Board of Zoning Appeals (BZA). Refer to Sect. 8-918 of the Zoning Ordinance. AFFORDABLE DWELLING UNIT (ADU) DEVELOPMENT: Residential development to assist in the provision of affordable housing for persons of low and moderate income in accordance with the affordable dwelling unit program and in accordance with Zoning Ordinance regulations. Residential development which provides affordable dwelling units may result in a density bonus (see below) permitting the construction of additional housing units. See Part 8 of Article 2 of the Zoning Ordinance. AGRICULTURAL AND FORESTAL DISTRICTS: A land use classification created under Chapter 114 or 115 of the Fairfax County Code for the purpose of qualifying landowners who wish to retain their property for agricultural or forestal use for use/value taxation pursuant to Chapter 58 of the Fairfax County Code. BARRIER: A wall, fence, earthen berm, or plant materials which may be used to provide a physical separation between land uses. Refer to Article 13 of the Zoning Ordinance for specific barrier requirements. BEST MANAGEMENT PRACTICES (BMPs): Stormwater management techniques or land use practices that are determined to be the most effective, practicable means of preventing and/or reducing the amount of pollution generated by nonpoint sources in order to improve water quality. BUFFER: Graduated mix of land uses, building heights or intensities designed to mitigate potential conflicts between different types or intensities of land uses; may also provide for a transition between uses. A landscaped buffer may be an area of open, undeveloped land and may include a combination of fences, walls, berms, open space and/or landscape plantings. A buffer is not necessarily coincident with transitional screening. CHESAPEAKE BAY PRESERVATION ORDINANCE: Regulations which the State has mandated must be adopted to protect the Chesapeake Bay and its tributaries. These regulations must be incorporated into the comprehensive plans, zoning ordinances and subdivision ordinances of the affected localities. Refer to Chesapeake Bay Preservation Act, Va. Code Section 10.1-2100 et seq and VR 173-02-01, Chesapeake Bay Preservation Area Designation and Management Regulations. CLUSTER DEVELOPMENT: Residential development in which the lots are clustered on a portion of a site so that significant environmental/historical/cultural resources may be preserved or recreational amenities provided. While smaller lot sizes are permitted in a cluster subdivision to preserve open space, the overall density cannot exceed that permitted by the applicable zoning district. See Sect. 2-421 and Sect. 9-615 of the Zoning Ordinance. COUNTY 2232 REVIEW PROCESS: A public hearing process pursuant to Sect. 15.2-2232 (Formerly Sect. 15.1-456) of the Virginia Code which is used to determine if a proposed public facility not shown on the adopted Comprehensive Plan is in substantial accord with the plan. Specifically, this process is used to determine if the general or approximate location, character and extent of a proposed facility is in substantial accord with the Plan. dBA: The momentary magnitude of sound weighted to approximate the sensitivity of the human ear to certain frequencies; the dBA value describes a sound at a given instant, a maximum sound level or a steady state value. See also Ldn. DENSITY: Number of dwelling units (du) divided by the gross acreage (ac) of a site being developed in residential use; or, the number of dwelling units per acre (du/ac) except in the PRC District when density refers to the number of persons per acre. DENSITY BONUS: An increase in the density otherwise allowed in a given zoning district which may be granted under specific provisions of the Zoning Ordinance when a developer provides excess open space, recreation facilities, or affordable dwelling units (ADUs), etc. DEVELOPMENT CONDITIONS: Terms or conditions imposed on a development by the Board of Supervisors (BOS) or the Board of Zoning Appeals (BZA) in connection with approval of a special exception, special permit or variance application or rezoning application in a "P" district. Conditions may be imposed to mitigate adverse impacts associated with a development as well as secure compliance with the Zoning Ordinance and/or conformance with the Comprehensive Plan. For example, development conditions may regulate hours of operation, number of employees, height of buildings, and intensity of development. -2- DEVELOPMENT PLAN: A graphic representation which depicts the nature and character of the development proposed for a specific land area: information such as topography, location and size of proposed structures, location of streets trails, utilities, and storm drainage are generally included on a development plan. A development plan is s submission requirement for rezoning to the PRC District. A GENERALIZED DEVELOPMENT PLAN (GDP) is a submission requirement for a rezoning application for all conventional zoning districts other than a P District. A development plan submitted in connection with a special exception (SE) or special permit (SP) is generally referred to as an SE or SP plat. A CONCEPTUAL DEVELOPMENT PLAN (CDP) is a submission requirement when filing a rezoning application for a P District other than the PRC District; a CDP characterizes in a general way the planned development of the site. A FINAL DEVELOPMENT PLAN (FDP) is a submission requirement following the approval of a conceptual development plan and rezoning application for a P District other than the PRC District; an FDP further details the planned development of the site. See Article 16 of the Zoning Ordinance. EASEMENT: A right to or interest in property owned by another for a specific and limited purpose. Examples: access easement, utility easement, construction easement, etc. Easements may be for public or private purposes. ENVIRONMENTAL QUALITY CORRIDORS (EQCs): An open space system designed to link and preserve natural resource areas, provide passive recreation and protect wildlife habitat. The system includes stream valleys, steep slopes and wetlands. For a complete definition of EQCs, refer to the Environmental section of the Policy Plan for Fairfax County contained in Vol. 1 of the Comprehensive Plan. ERODIBLE SOILS: Soils that wash away easily, especially under conditions where stormwater runoff is inadequately controlled. Silt and sediment are washed into nearby streams, thereby degrading water quality. FLOODPLAIN: Those land areas in and adjacent to streams and watercourses subject to periodic flooding; usually associated with environmental quality corridors. The 100 year floodplain drains 70 acres or more of land and has a one percent chance of flood occurrence in any given year. FLOOR AREA RATIO (FAR): An expression of the amount of development intensity (typically, non-residential uses) on a specific parcel of land. FAR is determined by dividing the total square footage of gross floor area of buildings on a site by the total square footage of the site itself. FUNCTIONAL CLASSIFICATION: A system for classifying roads in terms of the character of service that individual facilities are providing or are intended to provide, ranging from travel mobility to land access. Roadway system functional classification elements include Freeways or Expressways which are limited access highways, Other Principal (or Major) Arterials, Minor Arterials, Collector Streets, and Local Streets. Principal arterials are designed to accommodate travel; access to adjacent properties is discouraged. Minor arterials are designed to serve both through traffic and local trips. Collector roads and streets link local streets and properties with the arterial network. Local streets provide access to adjacent properties. GEOTECHNICAL REVIEW: An engineering study of the geology and soils of a site which is submitted to determine the suitability of a site for development and recommends construction techniques designed to overcome development on problem soils, e.g., marine clay s oils. HYDROCARBON RUNOFF: Petroleum products, such as motor oil, gasoline or transmission fluid deposited by motor vehicles which are carried into the local storm sewer system with the stormwater runoff, and ultimately, into receiving streams; a major source of non-point source pollution. An oil-grit separator is a common hydrocarbon runoff reduction method. IMPERVIOUS SURFACE: Any land area covered by buildings or paved with a hard surface such that water cannot seep through the surface into the ground. INFILL: Development on vacant or underutilized sites within an area which is already mostly developed in an established development pattern or neighborhood. INTENSITY: The magnitude of development usually measured in such terms as density, floor area ratio, building height, percentage of impervious surface, traffic generation, etc. Intensity is also based on a comparison of the development proposal against environmental constraints or other conditions which determine the carrying capacity of a specific land area to accommodate development without adverse impacts. Ldn: Day night average sound level. It is the twenty-four hour average sound level expressed in A-weighted decibels; the measurement assigns a "penalty" to night time noise to account for night time sensitivity. Ldn represents the total noise environment which varies over time and correlates with the effects of noise on the public health, safety and welfare. LEVEL OF SERVICE (LOS): An estimate of the effectiveness of a roadway to carry traffic, usually under anticipated peak traffic conditions. Level of Service efficiency is generally characterized by the letters A through F, with LOS-A describing free flow traffic conditions and LOS-F describing jammed or grid-lock conditions. MARINE CLAY SOILS: Soils that occur in widespread areas of the County generally east of Interstate 95. Because of the abundance of shrink-swell clays in these soils, they tend to be highly unstable. Many areas of slope failure are evident on natural slopes. Construction on these soils may initiate or accelerate slope movement or slope failure. The shrink-swell soils can cause movement in structures, even in areas of flat topography, from dry to wet seasons resulting in cracked foundations, etc. Also known as slippage soils. -3- OPEN SPACE: That portion of a site which generally is not covered by buildings, streets, or parking areas. Open space is intended to provide light and air; open space may be function as a buffer between land uses or for scenic, environmental, or recreational purposes. OPEN SPACE EASEMENT: An easement usually granted to the Board of Supervisors which preserves a tract of land in open space for some public benefit in perpetuity or for a specified period of time. Open space easements may be accepted by the Board of Supervisors, upon request of the land owner, after evaluation under criteria established by the Board. See Open Space Land Act, Code of Virginia, Sections 10.1-1700, et seq. P DISTRICT: A "P" district refers to land that is planned and/or developed as a Planned Development Housing (PDH) District, a Planned Development Commercial (PDC) District or a Planned Residential Community (PRC) District. The PDH, PDC and PRC Zoning Districts are established to encourage innovative and creative design for land development; to provide ample and efficient use of open space; to promote a balance in the mix of land uses, housing types, and intensity of development; and to allow maximum flexibility in order to achieve excellence in physical, social and economic planning and development of a site. Refer to Articles 6 and 16 of the Zoning Ordinance. PROFFER: A written condition, which, when offered voluntarily by a property owner and accepted by the Board of Supervisors in a rezoning action, becomes a legally binding condition which is in addition to the zoning district regulations applicable to a specific property. Proffers are submitted and signed by an owner prior to the Board of Supervisors public hearing on a rezoning application and run with the land. Once accepted by the Board, proffers may be modified only by a proffered condition amendment (PCA) application or other zoning action of the Board and the hearing process required for a rezoning application applies. See Sect. 15.2-2303 (formerly 15.1-491) of the Code of Virginia. PUBLIC FACILITIES MANUAL (PFM): A technical text approved by the Board of Supervisors containing guidelines and standards which govern the design and construction of site improvements incorporating applicable Federal, State and County Codes, specific standards of the Virginia Department of Transportation and the County's Department of Public Works and Environmental Services. RESOURCE MANAGEMENT AREA (RMA): That component of the Chesapeake Bay Preservation Area comprised of lands that, if improperly used or developed, have a potential for causing significant water quality degradation or for diminishing the functional value of the Resource Protection Area. See Fairfax County Code, Ch. 118, Chesapeake Bay Preservation Ordinance. RESOURCE PROTECTION AREA (RPA): That component of the Chesapeake Bay Preservation Area comprised of lands at or near the shoreline or water's edge that have an intrinsic water quality value due to the ecological and biological processes they perform or are sensitive to impacts which may result in significant degradation of the quality of state waters. In their natural condition, these lands provide for the removal, reduction or assimilation of sediments from runoff entering the Bay and its tributaries, and minimize the adverse effects of human activities on state waters and aquatic resources. New development is generally discouraged in an RPA. See Fairfax County Code, Ch. 118, Chesapeake Bay Preservation Ordinance. SITE PLAN: A detailed engineering plan, to scale, depicting the development of a parcel of land and containing all information required by Article 17 of the Zoning Ordinance. Generally, submission of a site plan to DPWES for review and approval is required for all residential, commercial and industrial development except for development of single family detached dwellings. The site plan is required to assure that development complies with the Zoning Ordinance. SPECIAL EXCEPTION (SE) / SPECIAL PERMIT (SP): Uses, which by their nature, can have an undue impact upon or can be incompatible with other land uses and therefore need a site specific review. After review, such uses may be allowed to locate within given designated zoning districts if appropriate and only under special controls, limitations, and regulations. A special exception is subject to public hearings by the Planning Commission and Board of Supervisors with approval by the Board of Supervisors; a special permit requires a public hearing and approval by the Board of Zoning Appeals. Unlike proffers which are voluntary, the Board of Supervisors or BZA may impose reasonable conditions to assure, for example, compatibility and safety. See Article 8, Special Permits and Article 9, Special Exceptions, of the Zoning Ordinance. STORMWATER MANAGEMENT: Engineering practices that are incorporated into the design of a development in order to mitigate or abate adverse water quantity and water quality impacts resulting from development. Stormwater management systems are designed to slow down or retain runoff to re-create, as nearly as possible, the pre-development flow conditions. SUBDIVISION PLAT: The engineering plan for a subdivision of land submitted to DPWES for review and approved pursuant to Chapter 101 of the County Code. TRANSPORTATION DEMAND MANAGEMENT (TDM): Actions taken to reduce single occupant vehicle automobile trips or actions taken to manage or reduce overall transportation demand in a particular area. TRANSPORTATION SYSTEM MANAGEMENT (TSM) PROGRAMS: This term is used to describe a full spectrum of actions that may be applied to improve the overall efficiency of the transportation network. TSM programs usually consist of low-cost alternatives to major capital expenditures, and may include parking management measures, ridesharing programs, flexible or staggared work hours, transit promotion or operational improvements to the existing roadway system. TSM includes Transportation Demand Management (TDM) measures as well as H.O.V. use and other strategies associated with the operation of the street and transit systems. -4- URBAN DESIGN: An aspect of urban or suburban planning that focuses on creating a desirable environment in which to live, work and play. A well-designed urban or suburban environment demonstrates the four generally accepted principles of design: clearly identifiable function for the area; easily understood order; distinctive identity; and visual appeal. VACATION: Refers to vacation of street or road as an action taken by the Board of Supervisors in order to abolish the public's right-of-passage over a road or road right-of-way dedicated by a plat of subdivision. Upon vacation, title to the road right-of-way transfers by operation of law to the owner(s) of the adjacent properties within the subdivision from whence the road/road right-of-way originated. VARIANCE: An application to the Board of Zoning Appeals which seeks relief from a specific zoning regulation such as lot width, building height, or minimum yard requirements, among others. A variance may only be granted by the Board of Zoning Appeals through the public hearing process and upon a finding by the BZA that the variance application meets the required Standards for a Variance set forth in Sect. 18-404 of the Zoning Ordinance. WETLANDS: Land characterized by wetness for a portion of the growing season. Wetlands are generally delineated on the basis of physical characteristics such as soil properties indicative of wetness, the presence of vegetation with an affinity for water, and the presence or evidence of surface wetness or soil saturation. Wetland environments provide water quality improvement benefits and are ecologically valuable. Development activity in wetlands is subject to permitting processes administered by the U.S. Army Corps of Engineers TIDAL WETLANDS: Vegetated and nonvegetated wetlands as defined in Chapter 116 Wetlands Ordinance of the Fairfax County Code: includes tidal shores and tidally influenced embayments, creeks, and tributaries to the Occoquan and Potomac Rivers. Development activity in tidal wetlands may require approval from the Fairfax County Wetlands Board. Abbreviations Commonly Used in Staff Reports A&F ADU ARB BMP BOS BZA COG CBC CDP CRD DOT DP DPWES DPZ DU/AC EQC FAR FDP GDP GFA HC HCD LOS Non-RUP OSDS PCA PD PDC Agricultural & Forestal District Affordable Dwelling Unit Architectural Review Board Best Management Practices Board of Supervisors Board of Zoning Appeals Council of Governments Community Business Center Conceptual Development Plan Commercial Revitalization District Department of Transportation Development Plan Department of Public Works and Environmental Services Department of Planning and Zoning Dwelling Units Per Acre Environmental Quality Corridor Floor Area Ratio Final Development Plan Generalized Development Plan Gross Floor Area Highway Corridor Overlay District Housing and Community Development Level of Service Non-Residential Use Permit Office of Site Development Services, DPWES Proffered Condition Amendment Planning Division Planned Development Commercial PDH PFM PRC RC RE RMA RPA RUP RZ SE SEA SP TDM TMA TSA TSM UP & DD VC VDOT VPD VPH WMATA WS ZAD ZED ZPRB Planned Development Housing Public Facilities Manual Planned Residential Community Residential-Conservation Residential Estate Resource Management Area Resource Protection Area Residential Use Permit Rezoning Special Exception Special Exception Amendment Special Permit Transportation Demand Management Transportation Management Association Transit Station Area Transportation System Management Utilities Planning and Design Division, DPWES Variance Virginia Dept. of Transportation Vehicles Per Day Vehicles per Hour Washington Metropolitan Area Transit Authority Water Supply Protection Overlay District Zoning Administration Division, DPZ Zoning Evaluation Division, DPZ Zoning Permit Review Branch O:\WODONN\ZED\GLOSSARY ATTACHED AT END OF REPORTS.DOC.doc